Deeplinks Blog posts about Innovation

Imagine you’re on your way to deliver a case of beer to a party. Before you get there, your boss sends you a text: They want 2 cases now. You read the text while driving (don’t do that), so you deliver an extra case when you arrive. Having successfully completed that task, you leave for your next delivery.

Congratulations! You might get sued by the owner of April’s stupid patent of the month.

Suppose you get sued by a patent troll. You then learn that the troll has been sitting on its patent for years without giving you any warning. If you’d known about the risk, you might have been able to design your product differently to avoid infringement. Even worse, when you try to prove that the patent covers an obvious invention, all of the best evidence (such as websites or code repositories) has disappeared because of the passage of time. Instead of winning the case, you must pay years worth of damages to the troll.

EFF recently won our challenge to invalidate claims of the “podcasting patent” using a procedure at the Patent Office called inter partes review. This procedure allowed us to challenge a patent that was being used to demand licenses from individual podcasters, even though EFF itself had never been threatened by the patent owner. EFF’s ability to file this petition was important because many of those targeted by the patent owner—small podcasters—would be unable to afford the $22,000 filing fees to challenge the patent, let alone the attorneys’ fees that would come along with it. Also, if an individual podcaster had filed an inter partes review it would have faced a risk of retaliation in the form of a district court lawsuit from Personal Audio.

EFF is fighting for vehicle owners’ rights to inspect the code that runs their vehicles and to repair and modify their vehicles, or have a mechanic of their choice do the work. At the moment, the anti-circumvention prohibition in the Digital Millennium Copyright Act arguably restricts vehicle inspection, repair, and modification. If EFF is successful then vehicle owners will be free to inspect and tinker, as long as they don’t run afoul of other regulations, such as those governing vehicle emissions, safety, or copyright law.

The way copyright lawyers talk about the public domain as something works “fall into” when the copyright terms finally expires, it sometimes sounds like some kind of trash heap. But that couldn't be further from the truth: The public domain is a fantastic resource for learning, creativity and innovation—our cultural commons.

We were very happy to learn that Flickr has released a feature this weekend that allows any uploader to use Creative Commons tools to take easy affirmative steps to support that resource. Flickr users can now easily mark their photos as public domain materials in two ways: either by using a Public Domain Mark (for images already available without copyright restrictions), or using the CC0 waiver (to release whatever restrictions might be in place).